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Maine Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maine on
Q: Probation searches done by police in Maine, no warrant, not probationer home, property labeled no trespass arrested

the police just walked into my mother in laws garage opn a supposed probation check, no tresspass signs are posted everywhere, came into garage then announced, threw me out and my mom in law told them no consent as this isn't my house, probation officer not present, located said fentanyl; no... View More

Hunter J Tzovarras
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answered on Jun 22, 2023

If you had a reasonable expectation of privacy in your mother-in-laws garage (such as you kept property there, or was staying at the house), you could challenge the search as illegal under the Fourth Amendment because a warrant is generally required to search a home or garage. This is a complicated... View More

2 Answers | Asked in Family Law and Criminal Law for Maine on
Q: In ME, 1987-1988. Was it legal for a 14yo girl to be impregnated by a 17yo male? Does offspring have any civil option?

I am an adoptee seeking this info to find out if it's possible that my bio father isn't listed on my birth certificate to avoid sex offender registry in 1988 before romeo and Juliet laws.

Robert Kane
Robert Kane
answered on Jun 3, 2023

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

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1 Answer | Asked in Criminal Law for Maine on
Q: If I confess to a crime I did can I choose my jail time if it's reasonable?
Hunter J Tzovarras
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answered on Mar 22, 2023

If you're convicted of a crime, it is up to the Judge to determine the sentence. You can ask for a certain sentence and give the Judge the reasons why it should be imposed, but ultimately it is up to the Judge to decide the sentence.

2 Answers | Asked in Criminal Law for Maine on
Q: If sentence was 9 months one day, how much time would one do with good time?

Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense

Hunter J Tzovarras
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answered on Feb 22, 2023

You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.

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1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Can a no contact order be lifted by DA before arraignment court date?

Boyfriend didn't want arrest to happen or arrest. There was no physical touch no witnesses no text or video tapi g. Nothing recorded and no neighbor statements

Hunter J Tzovarras
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answered on Feb 20, 2023

If you're referring to a no contact order in the bail bond, it is possible to have it removed by the Court before arraignment. The defendant will need to file a motion to have the condition removed and the court will schedule a hearing on it for the court to decide whether to remove it or not.... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Maine on
Q: Can I move and get a firearm in another state if there is an active PFA against me in this state?
Hunter J Tzovarras
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answered on Jan 12, 2023

If you have an active PFA that does not allow possession of a firearm, or has certain elements of threats or violence, then you cannot possess a firearm under federal law in any state.

1 Answer | Asked in Criminal Law for Maine on
Q: How do I file assault and child endangerment charges?

May 9, 2022, ex-wife came to pick up daughter, outraged over being an hour late due to road closures, and while I was holding the handle of the rear passenger door saying goodbye to my daughter, my ex-wife sped off with the door open and me still hanging on. My daughter was scared, as was I. I went... View More

Hunter J Tzovarras
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answered on Dec 27, 2022

You need to contact the police to file a report. Once the police complete the investigation, the reports will be sent to the District Attorney to make a charging decision.

1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
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answered on Dec 1, 2022

I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: How long can they hold you in a dry tank inside the county jail in New Hampshire?

My wife was picked up on tuesday. Today is now Saturday. Her warrant was out of York county maine, but she was picked up in Stratford county New Hampshire. They have held her inside a dry tank I'm assuming because they thought she must have been trying to smuggle something in. She has not been... View More

Hunter J Tzovarras
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answered on Oct 29, 2022

Since she was arrested and being held in a NH jail, NH's rules of procedure and extradition will apply. You will want to consult with a NH lawyer for these questions. I'm only licensed to practice in Maine. In Maine, a person arrested is required to appear before the Court within 48 hours... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... View More

Hunter J Tzovarras
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answered on Oct 1, 2022

Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... View More

1 Answer | Asked in Criminal Law for Maine on
Q: When leaving a Casino I saw some money was left on an ATM ( 250.00) I took it assuming lost money.

Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed

Hunter J Tzovarras
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answered on Sep 29, 2022

You should not talk with law enforcement or anyone related to this investigation. If law enforcement asks to speak with you about it, you should politely let them know you do not wish to talk with them. This will not be held against you; anything you say to them can be used as evidence. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: Can I get my firearm back after being charged with possession by a prohibited person for assumption of drugs?
Hunter J Tzovarras
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answered on Sep 5, 2022

You can have the firearm returned once the case is over, if the case ends with the charge dismissed or you are found not guilty, and not otherwise prohibited from possessing a firearm.

1 Answer | Asked in Criminal Law for Maine on
Q: Hi I have been charged with theft class e crime. I just refused to pay for the sandwich which I didn’t like as it wasbad

Will the judge drop the charges?

Hunter J Tzovarras
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answered on Aug 30, 2022

The Judge cannot drop the charge because it is up to the District Attorney what charge to bring and whether to drop it or not.

You could have a trial on the charge with the Judge and if the Judge finds the District Attorney has not proven beyond a reasonable doubt you committed the charge...
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1 Answer | Asked in Criminal Law and Sexual Harassment for Maine on
Q: If i expose myself in new Hampshire, can I be arrested in Maine?
Hunter J Tzovarras
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answered on Aug 27, 2022

If New Hampshire obtained an arrest warrant, you can be arrested in Maine on the warrant. The warrant would have to be extraditable in order to have you brought back to New Hampshire for the charge.

1 Answer | Asked in Criminal Law for Maine on
Q: I have 14 year old fta bench warrant for class c drug theft (which I did not commit). How can i clear it up without jail

I was charged 2008 with stealing drugs(I did purchase them, but did not steal them) while homeless. I missed two court hearings due to not receiving notice of changed/new dates(homelessness is like that). So twice I was arrested and had to post over $1500. combined bond that ended up forfeit... View More

Hunter J Tzovarras
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answered on Aug 16, 2022

If there is a bail set on the warrant now, you can turn yourself in and post the current bail amount and be released. You may also be able to negotiate withdrawing the warrant and posting a bail with the DA's office. I'd recommend contacting your previous lawyer on this matter, or hiring... View More

2 Answers | Asked in Criminal Law for Maine on
Q: a fire Marshall stop by and said he would be back to charge me accessory to arson or conspiracy of arson what do I do
Zachary J. Smith
Zachary J. Smith
answered on Jul 8, 2022

Sign the summons and go to court as instructed on the summons. Do not say anything to the fire marshal. Do not talk to anyone other than your defense attorney about the alleged arson or any role you might have or might not have played in it. You have the right to remain silent and should use it.

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1 Answer | Asked in Criminal Law for Maine on
Q: Back in March of this year I was served a summons for an alleged assault on a member at Planet Fitness in Waterville, ME

Today I learned of a "docket # KENCDCCR202220419. How do I determine who filed the complaint and how do I get to see any & all witness statements? This is a frivolous case and a waste of the court's time. Do I need an attorney?

Hunter J Tzovarras
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answered on Jul 7, 2022

You can contact the court for a copy of the complaint. The complaint would have been filed by the district attorney's office on behalf of the State. After your initial appearance in court, the State is required to turn over all evidence on the charge, including any statements, etc. You should... View More

1 Answer | Asked in Criminal Law for Maine on
Q: Do plaintiffs get a say over whether a plea deal sentence is harsh enough?

Specifically its a misdemeanor theft charge and there is video surveilance evidence (and he has priors as well) so the only real incentive for prosecution is to avoid the hassle of a trial...I think he needs to go to prison and also return the items so I need to know whether I'll have any say... View More

Hunter J Tzovarras
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answered on Jul 5, 2022

The victim of a crime can be heard at sentencing. Maine law requires the State to inform victims of sentencing and their right to be heard. A victim cannot appeal any sentence imposed.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Maine on
Q: What's the difference between a felony and a felony waiver

I have a felony but I never did prison time on the application is it still recognized as a felon

Hunter J Tzovarras
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answered on Jul 2, 2022

If you have been convicted of a felony, it is on your record, even if you did not serve any jail time.

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Maine on
Q: Can you own a gun and use weed
Hunter J Tzovarras
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answered on Jun 30, 2022

Federal law prohibits anyone who is: "who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)" from possessing a firearm. This would include marijuana use because it is defined as a controlled substance... View More

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